Emails show close ties between Duke Energy, N.C. regulators

In this Wednesday, Feb. 5, 2014 photo, Amy Adams, North Carolina campaign coordinator with Appalachian Voices dips her hand into the Dan River in Danville, Va. as signs of coal ash appear in the river. Duke Energy estimates that up to 82,000 tons of ash has been released from a break in a 48-inch storm water pipe at the Dan River Power Plant in Eden N.C. Over the last year, environmental groups have tried three times to use the federal Clean Water Act to force Duke Energy to clear out leaky coal ash dumps. Each time, the N.C. Department of Environment and Natural Resources has effectively halted the lawsuit by intervening at the last minute to assert its own authority to take enforcement action. In two cases, the state has proposed modest fines but no requirement that the nation’s largest electricity provider actually clean up the coal ash ponds. The third case is pending. (AP Photo/Gerry Broome)

By The Associated Press

Published: Thursday, March 13, 2014 at 03:14 PM.

RALEIGH — Internal emails between staff at North Carolina's environmental agency show state regulators were coordinating with Duke Energy before intervening in efforts by citizens groups trying to sue the company over pollution leeching from its coal ash dumps.

The emails were provided Thursday to The Associated Press by the Southern Environmental Law Center, which had filed notice in January 2013 of its intent to sue Duke under the Clean Water Act.

Within days, the emails show a Duke lobbyist contacted the N.C. Department of Environment and Natural Resources, where staff exchanged messages discussing "how Duke wants to be sued."

The agency used its authority to intervene in the lawsuit, quickly negotiating a proposed settlement where the $50 billion company would pay a $99,100 fine but be under no requirement to stop its pollution.

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RALEIGH — Internal emails between staff at North Carolina's environmental agency show state regulators were coordinating with Duke Energy before intervening in efforts by citizens groups trying to sue the company over pollution leeching from its coal ash dumps.

The emails were provided Thursday to The Associated Press by the Southern Environmental Law Center, which had filed notice in January 2013 of its intent to sue Duke under the Clean Water Act.

Within days, the emails show a Duke lobbyist contacted the N.C. Department of Environment and Natural Resources, where staff exchanged messages discussing "how Duke wants to be sued."

The agency used its authority to intervene in the lawsuit, quickly negotiating a proposed settlement where the $50 billion company would pay a $99,100 fine but be under no requirement to stop its pollution.